HopefullyInLawSchool
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Simple English definitions for legal terms
resurrender
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A quick definition of resurrender:
Resurrender is when someone who borrowed money and used their property as collateral (called a copyhold estate) pays back the debt and gets their property back from the lender. It's like borrowing a toy from a friend and giving it back once you're done playing with it. Surrender of copyhold is when someone who owns a copyhold estate transfers it to someone else by giving it to the lord of the manor, who then gives it to the new owner. It's like giving a toy to your friend to keep forever.
A more thorough explanation:
Definition: Resurrender is the act of returning a copyhold estate to the original owner by the mortgagee after the debt has been repaid. It is also the transfer of a copyhold estate by yielding it to the lord in trust for the transferee according to the terms in the surrender.
Surrender of copyhold is the transfer of a copyhold estate by yielding it to the lord in trust for the transferee according to the terms in the surrender. In this process, the tenant delivers a rod, a glove, or other customary symbol to the steward of the manor, conveying all interest and title to the estate to the lord, who then grants it to the transferee.
John is a tenant of a copyhold estate. He wants to transfer the estate to his son, Tom. John goes to the steward of the manor and delivers a rod, a glove, or other customary symbol, thereby conveying all interest and title to the estate to the lord, who then grants it to Tom. This is an example of surrender of copyhold.
Resurrender is the act of returning a copyhold estate to the original owner by the mortgagee after the debt has been repaid. In this process, the mortgagee returns the estate to the mortgagor after the debt has been repaid.
Tom mortgaged his copyhold estate to John for a sum of money. After Tom repaid the debt, John returned the estate to Tom. This is an example of resurrender.
These examples illustrate the definition of resurrender and surrender of copyhold. They show how the transfer of a copyhold estate takes place and how it can be returned to the original owner after the debt has been repaid.